LUTZ v. FAITH

No. 7273.

95 Ariz. 40 (1963)

386 P.2d 85

Francis Roy LUTZ and Gladys Pearl Lutz, his wife, Appellants, v. Joe August FAITH and Rose Faith, his wife, Appellees.

Supreme Court of Arizona. En Banc.

October 30, 1963.


Attorney(s) appearing for the Case

Lewis, Roca, Scoville, Beauchamp & Linton, by John P. Frank, Phoenix, for appellants.

Baumann & Rosengren, Scottsdale, for appellees.


PER CURIAM.

Appellant was defendant in a negligence action. He appeals from a verdict and judgment for the plaintiff. The only assignment of error is that in his charge on contributory negligence the trial judge used the permissive "may" rather than the mandatory "must" in instructing the jury on whether they should return a verdict for the defendant if they found the plaintiff contributorily negligent.

Appellant concedes that our decision in Layton v. Rocha...

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